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[58. Amendment of specification before Appellate Board or High Court.—

(1) In any proceeding before the [Appellate Board] The word “the Appellate Board” omitted by Act 33 of 2021, s. 13 (w.e.f. 4-4-2021) or the High Court for the revocation of a patent, the [Appellate Board] The word “the Appellate Board” omitted by Act 33 of 2021, s. 13 (w.e.f. 4-4-2021) or the High Court, [as the case may be]The words “as the case may be” omitted by s. 13, ibid. (w.e.f. 4-4-2021), may, subject to the provisions contained in section 59, allow the patentee to amend his complete specification in such manner and subject to such terms as to costs, advertisement or otherwise, as the [Appellate Board] The word “the Appellate Board” omitted by Act 33 of 2021, s. 13 (w.e.f. 4-4-2021) or the High Court may think fit, and if, in any proceedings for revocation the [Appellate Board] The word “the Appellate Board” omitted by Act 33 of 2021, s. 13 (w.e.f. 4-4-2021) or the High Court decides that the patent is invalid, it may allow the specification to be amended under this section instead of revoking the patent. 

(2) Where an application for an order under this section is made to the [Appellate Board] The word “the Appellate Board” omitted by Act 33 of 2021, s. 13 (w.e.f. 4-4-2021) or the High Court, the applicant shall give notice of the application to the Controller, and the Controller shall be entitled to appear and be heard, and shall appear if so directed by the Appellate Board or the High Court.

(3) Copies of all orders of the [Appellate Board] or the High Court allowing the patentee to amend the specification shall be transmitted by the [Appellate Board] The word “the Appellate Board” omitted by Act 33 of 2021, s. 13 (w.e.f. 4-4-2021) or the High Court to the Controller who shall, on receipt thereof, cause an entry thereof and reference thereto to be made in the register] Subs. by s. 41, ibid., for section 58 (w.e.f. 2-4-2007).